Case Note & Summary
The petitioners, Santoshi Mahila Mandal and Amar Shahid Veer Bhagat Singh Hindi Primary School, challenged the judgment and order dated 13th July 2006 passed by the Additional School Tribunal, Chandrapur, in Appeal No. STC/15/94. The Tribunal had allowed the appeal filed by the respondent employee, Ku. Vatsala Atmaram Sakharkar, setting aside her termination from service as Assistant Teacher with effect from 3rd December 1993, and directing her reinstatement with continuity of service and full backwages. The matter had earlier been before the High Court in Writ Petition No. 15/2002, decided on 27th August 2002, wherein the Court framed three points for determination by the School Tribunal: whether the employee had worked in the school and for what period, at what point her services were terminated and whether it was in accordance with law, and whether she had abandoned service. The Court also directed the Tribunal to consider that the school had already been closed. After remand, the Tribunal decided the appeal afresh and passed the impugned order. The employer contended that the Tribunal erred in ordering reinstatement despite the school being closed and that the employee had abandoned service. The High Court, after hearing both sides, found no merit in the petition. It held that the Tribunal had correctly appreciated the evidence and that the termination was illegal as no inquiry was held. The Court also noted that the employer did not lead any evidence to show that the employee was gainfully employed elsewhere, justifying the award of full backwages. The writ petition was dismissed, and the Tribunal's order was upheld.
Headnote
A) Service Law - Termination of Service - Illegal Termination - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The employer terminated the services of an Assistant Teacher without holding any inquiry. The School Tribunal set aside the termination and ordered reinstatement with full backwages and continuity of service. The High Court upheld the order, holding that the termination was void ab initio and the Tribunal's findings were based on evidence. (Paras 1-5) B) Service Law - Reinstatement - Backwages - Full backwages awarded when termination is illegal and employer fails to justify denial of wages - The School Tribunal awarded full backwages from the date of termination till reinstatement. The High Court affirmed, noting that the employer did not lead any evidence to show that the employee was gainfully employed elsewhere. (Paras 4-5) C) Service Law - School Tribunal - Jurisdiction - Even if school is closed, Tribunal can order reinstatement - The High Court in earlier round directed the Tribunal to consider the fact that the school had closed. The Tribunal, after remand, still ordered reinstatement. The High Court upheld this, as the closure did not affect the legality of termination. (Paras 2-5)
Issue of Consideration
Whether the School Tribunal was justified in setting aside the termination of the respondent employee and directing reinstatement with full backwages and continuity of service.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order dated 13th July 2006, which set aside the termination of the respondent employee and directed her reinstatement with continuity of service and full backwages.
Law Points
- Termination of service without inquiry is illegal
- Reinstatement with full backwages is justified when termination is void ab initio
- School Tribunal has jurisdiction to order reinstatement even if school is closed
- Employer cannot challenge factual findings without perversity
